Trials of those responsible for large-scale state brutality have captured public imagination in several countries. Prosecutors and judges in such cases, says Osiel, rightly aim to shape collective memory. They can do so hi ways successful as public spectacle and consistent with liberal legality. In defending this interpretation, he examines the Nuremburg and Tokyo trials, the Eicnmann prosecution, and more recent trials in Argentina and France. Such trials can never summon up a "collective...

Genocide, crimes against humanity, and the worst war crimes are possible only when the state or other organisations mobilise and co-ordinate the efforts of many people. Responsibility for mass atrocity is always widely shared, often by thousands. Yet criminal law, with its liberal underpinnings, prefers to blame particular individuals for isolated acts. Is such law, therefore, constitutionally unable to make any sense of the most catastrophic conflagrations of our time? Drawing on the expe...

Common morality—in the form of shame, outrage, and stigma—has always been society’s first line of defense against ethical transgressions. Social mores crucially complement the law, Mark Osiel shows, sparing us from oppressive formal regulation.Much of what we could do, we shouldn’t—and we don’t. We have a free-speech right to be offensive, but we know we will face outrage in response. We may declare bankruptcy, but not without stigma. Moral norms constantly demand ...

A soldier obeys illegal orders, thinking them lawful. When should we excuse his misconduct as based in reasonable error? How can courts convincingly convict the soldier's superior officer when, after Nuremberg, criminal orders are expressed through winks and nods, hints and insinuations? Can our notions of the soldier's "due obedience," designed for the Roman legionnaire, be brought into closer harmony with current understandings of military conflict in the contemporary world? Mark J. Osie...

The six essays that make up this compelling book view the long shadow of past guilt as a German experience as well as a global one. International bestselling author Bernhard Schlink explores the phenomenon of guilt and how it attaches to a whole society, not just to individual perpetrators. He considers how to use the lessons of history to motivate individual moral behaviour, how to reconcile a guilt-laden past, the role of law in this process, and how the theme of guilt influences his own...

At the century's end, societies all over the world are throwing off the yoke of authoritarian rule and beginning to build democracies. At any such time of radical change, the question arises: should a society punish its ancien regime or let bygones be bygones? Transitional Justice takes this question to a new level with an interdisciplinary approach that challenges the very terms of the contemporary debate. Ruti Teitel explores the recurring dilemma of how regimes should respond to evil ru...

Running through the history of jurisprudence and legal theory is a recurring concern about the connections between law and justice and about the ways law is implicated in injustice. In earlier times law and justice were viewed as virtually synonymous. Experience, however, has taught us that, in fact, injustice may be supported by law. Nonetheless, the belief remains that justice is the special concern of law.Commentators from Plato to Derrida have called law to account in the name ...

Jeremy Waldron has been a challenging and influential voice in the moral, political and legal debates surrounding the response to terrorism since 9/11. His contributions have spanned the major controversies of the War on Terror - including the morality and legality of torture, whether security can be 'balanced' with liberty, and the relationship between public safety and individual rights. He has also tackled underlying questions essential to understanding the practical debates - including...

In Strategy: A History, Sir Lawrence Freedman, one of the world's leading authorities on war and international politics, captures the vast history of strategic thinking, in a consistently engaging and insightful account of how strategy came to pervade every aspect of our lives. The range of Freedman's narrative is extraordinary, moving from the surprisingly advanced strategy practiced in primate groups, to the opposing strategies of Achilles and Odysseus in The Iliad, the strategic advice ...

The thinkers who have been most influential on the attitudes of the New Left are examined in this study by one of the leading critics of leftist orientations in modern Western civilization. Scruton begins with a ruthless analysis of New Leftism and concludes with a critique of the key strands in its thinking. He conducts a reappraisal of such major left-wing thinkers as: E. P. Thompson, Ronald Dworkin, R. D. Laing, Jurgen Habermas, Gyorgy Lukacs, Jean-Paul Sartre, Jacques Derrida, Slavoj Z...

Donald Trump, Silvio Berlusconi, Marine Le Pen, Hugo Chávez—populists are on the rise across the globe. But what exactly is populism? Should everyone who criticizes Wall Street or Washington be called a populist? What precisely is the difference between right-wing and left-wing populism? Does populism bring government closer to the people or is it a threat to democracy? Who are "the people" anyway and who can speak in their name? These questions have never been more pressing.In thi...

The political theorist and author of The Origins of Totalitarianism offers an "incisive, deeply probing" essay on violence and political power ( The Nation).Addressing the escalation of global warfare witnessed throughout the 1960s, Hannah Arendt points out that the glorification of violence is not restricted to a small minority of militants and extremists. The public revulsion for violence that followed World War II has dissipated, as have the no...